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Home My WebLink AboutR-11307 approving amendments to the adopted 2021-22 Budget Appropriations and authorizing the City Manager to approve National Pollutant Discharge Elimination System Permit Violation SettlementsR 11307 RESOLUTION NO. 11307 (2022 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, APPROVING AMENDMENTS TO THE ADOPTED 2021-22 BUDGET APPROPRIATIONS AND AUTHORIZING THE CITY MANAGER TO APPROVE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT VIOLATION SETTLEMENTS WHEREAS, in accordance with San Luis Obispo Charter Section 802, the City Manager has submitted the 2021-23 Financial Plan to the Council for review and consideration on June 1, 2021; and WHEREAS, the Council adopted the 2021-23 Financial Plan and appropriated the 2021-22 budget allocation including operating, debt service, and capital improvement plan budgets; and WHEREAS, in accordance with Budget Policy G under Financial Plan Purpose and Organization, the Council will formally review the City’s fiscal condition, and amend appropriations, if necessary, six months after the beginning of the year; and WHEREAS, the report follows the City’s completion of its annual comprehensive financial report (ACFR) for 2020-21 which shows that the General Fund has an unassigned Fund Balance of $5,311,792 and the Local Revenue Measure sub-fund has an unassigned sub-fund balance of $1,964,773; and WHEREAS, in June 2021, the City Council adopted a comprehensive Fund Balance and Reserve Policy (R-11250) and the use of funds from the Capital Projects Reserve Fund can be made upon Council approval as necessary during any fiscal year; WHEREAS, in 2018-19 the City adopted a Fiscal Health Response Plan (FHRP) and is now in a financial condition to make the CalPERS payments consistent with the FHRP original payment schedule; and WHEREAS, the City receives revenue under the Transportation Development Act (TDA) which is restricted for the improvements and maintenance of bicycle and pedestrian infrastructure and has $53,029 of unallocated funding from 2020-21 in addition to $45,000 in 2021-22 allocation; and WHEREAS, per Resolution No. 11251 Section 3, staff was directed to return to Council with project recommendations and appropriation requests to further implement Tier 1 Active Transportation Plan projects as a result of Urban Greening Grant Funding for the Cerro San Luis Greenway Project; and DocuSign Envelope ID: D4EA6045-1A45-4C94-8149-C45A545E7CE0 Resolution No. 11307 (2022 Series) Page 2 R 11307 WHEREAS, the City of San Luis Obispo’s Water Resource Recovery Facility (WRRF) has been issued a National Pollutant Discharge Elimination System (NPDES) permit; and WHEREAS, the monitoring and reporting requirement of the WRRF’s NPDES permit are subject to mandatory minimum penalties (MMPs); and WHEREAS, the Porter-Cologne Water Quality Act establishes MMPs for certain types of violations of the NPDES permit; and WHEREAS, California Water Code sections 13385 and 13385.1 require the Central Coast Regional Water Quality Control Board (CCRWQCB) to impose MMPs of $3,000 for certain violations; and WHEREAS, negotiation and settlement of MMPs can occur long after the violation event; and WHEREAS, the 2021-22 mid-year budget appropriation amendments include the funding to pay the violations; and WHEREAS, it is critical that settlement payment for any MMP be authorized in an expedient manner to comply with the CCRWQCB deadline. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows: SECTION 1. The 2021-22 budget is hereby amended to appropriate a one-time allocation of $4,800,000 from the City’s General Fund unassigned fund balance into operating budgets for the uses listed in Exhibit A. SECTION 2. The 2021-22 budget is hereby amended to appropriate a one-time allocation of $1,940,000 of the Local Revenue Measure unassigned balance into operating budget for the uses listed in Exhibit A. SECTION 3. $1,872,000 of the Capital Projects Reserve Fund are hereby assigned for the capital projects as listed in Exhibit A. SECTION 4. The City will make a $12,429,774 down payment to CalPERS and invest $2,428,052 into a 115 Pension Trust Fund. SECTION 5. The 2021-22 budget is hereby amended to appropriate $53,029 of 2020-21 TDA carryover balance into the Pedestrian Crossing Improvements Project (Specification 1000069) and move $45,000 of current year budgeted TDA funding and $55,000 in Capital Outlay-Local Revenue Measure funding from the Active Transportation Plan Implementation Project (Specification 1000502) into the Pedestrian Crossing Improvements Project (Specification 1000069). DocuSign Envelope ID: D4EA6045-1A45-4C94-8149-C45A545E7CE0 Resolution No. 11307 (2022 Series) Page 3 R 11307 SECTION 6. The 2021-22 budget is hereby amended to re-appropriate $476,971 of the Cerro San Luis Greenway Project Budget for the ATP projects listed in Exhibit A, with $1,223,029 remaining for allocation at a later date. SECTION 7. The 2021-22 budget is hereby amended to make the following budget appropriations from fund balance for the uses listed in Exhibit A. Fund 2021-22 General Fund $ 261,025 Local Revenue Measure $ 623,660 PEG Fund $ 110,030 Public Safety Equipment Replacement Fund $ 68,656 Sewer Fund $ 396,000 Water Fund $ (75,000) San Luis Ranch Fund $ 28,000 Affordable Housing Fund $ 30,000 Law Enforcement Grant Fund (JAG Grant) $ 10,000 Transit Fund $ 35,000 Parking Fund $ 135,000 Total $ 1,622,371 SECTION 8. The City will add 15 Full-Time Equivalent (FTE) positions as a result of the budget appropriations in Section 7 and listed in Exhibit A. SECTION 9. The 2022-23 adopted budget is hereby amended to make the changes as listed in Exhibit A. DocuSign Envelope ID: D4EA6045-1A45-4C94-8149-C45A545E7CE0 Resolution No. 11307 (2022 Series) Page 4 R 11307 SECTION 10. Council delegates the authority to the City Manager to approve any future NPDES permit violation settlements in an amount not to exceed $50,000. On motion of Vice Mayor Christianson, seconded by Council Member Pease, and on the following vote: AYES: Council Member Marx, Pease, Shoresman, Vice Mayor Christianson, and Mayor Stewart NOES: None ABSENT: None The foregoing Resolution was adopted on the 15th day of February 2022. ______________________________ Mayor Erica A. Stewart ATTEST: Teresa Purrington, City Clerk APPROVED: J. Christine Dietrick, City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. ________________________________ Teresa Purrington, City Clerk DocuSign Envelope ID: D4EA6045-1A45-4C94-8149-C45A545E7CE0 2/18/2022 | 11:21 AM PST Exhibit A R 11307 Budget Amendment + FTE One-time/ Ongoing 2021-22 2022-23 SECTION 1: General Fund FY21 One-time Fund Balance 4,800,000 - Downtown Safety Enhancements One-time 375,000 - Vehicles for New Maintenance Positions One-time 210,000 - Bob Jones Bike Trail Vegetation Management One-time 25,000 - Council Hearing Room - Auto Tracking Camera One-time 30,000 - Crisis Communications Planning One-time 50,000 - Litigation Support One-time 120,000 - Transfer of Mitigation Fee Payment One-time 10,000 - Covid Tests One-time 30,000 - SLO Rep Payment One-time 3,950,000 - SECTION 2: Local Revenue Measure FY21 one-time Fund Balance 1,940,000 - Golf Course Pro Shop Flood Damage Repairs One-time 120,000 - Mission Plaza Landscape and Lighting Improvements Construction One-time 275,000 - Reimbursement Agreement for 600 Tank Farm One-time 1,545,000 - SECTION 3: Capital Reserve 1,872,000 - Santa Rose at Monterey Intersection Improvements One-time 1,000,000 - Fire Medium Duty Truck with Utility Bed One-time 20,000 - Increased Vehicle Costs Tied to Inflation One-time 120,000 - Mid Higuera Bypass (Design 90649) One-time 110,000 - Mission Plaza Restroom (Design 91439) One-time 60,000 - Reconstruction and Resurfacing Annual Asset Maintenance One-time 150,000 - Sidewalk Annual Asset Maintenance One-time 50,000 - SLO Creek Repair at Johnson (Design 1000183) One-time 175,000 - Parks Vandal Resistant Restroom Dispensers One-time 25,000 - Replacement of Park Tables Citywide - Safety Measure One-time 25,000 - Transportation Consultant Support One-time 125,000 - Truck Mounted Sign Boards One-time 12,000 - SECTION 6: Re-allocation of Cerro San Luis Greenway Budget 476,971 - Higuera Corridor Complete Street Design One-time 250,000 - Pedestrian Crossing Improvements One-time 226,971 - SECTION 7: General Fund 4 261,025 501,938 2nd Legal Assistant Ongoing - 73,400 Hybrid Public Meetings (0.5 FTE) .5 Ongoing - 60,888 DocuSign Envelope ID: D4EA6045-1A45-4C94-8149-C45A545E7CE0 Resolution No. 11307 (2022 Series) Page 6 R 11307 Budget Amendment + FTE One-time/ Ongoing 2021-22 2022-23 Monsido - ADA Compliance Software Ongoing - 4,900 Office Space One-time - 197,040 Part-time Fire Inspector (0.5 FTE) (Revenue Offset) .5 Ongoing 11,025 33,410 Part-time, contract attorney resource Ongoing - 94,100 Transitional Legal Services (related to Org Assessment) Ongoing - 32,000 Virtual Meeting Software Ongoing - 6,200 One-time Contingency for Benchmark Study Adjustments in FY22 One-time 250,000 - Conversion of City Attorney Contract Positions (3 FTE) 3 Ongoing - - SECTION 7: Local Revenue Measure 11 623,660 1,083,497 CIP Staff Augmentation Study - Conversion of Existing Funding to Positions (4 FTE) 4 Ongoing - - Accelerate New Streets Position One-time - - CAPSLO Programming - Railroad Square Safe Parking One-time 64,633 - Contract Volunteer Coordinator One-time 32,850 101,508 Housing/Homelessness Contract Position One-time 40,000 80,000 Mobile Data Computers One-time 14,200 - Additional Pressure Washing Ongoing 25,000 25,000 Additional Pruning/Watering Ongoing 200,000 200,000 Additional Streets Maintenance Staff (2 FTE) 2 Ongoing 60,750 243,000 Additional Supplies for Downtown Maintenance Program Ongoing - 25,000 Centralized Resident Inquiry Platform Ongoing 40,000 40,000 Parks & Rec Community Services Coordinator (1 FTE) 1 Ongoing - 9,728 Converting Contract Homelessness Response Manager to FTE (1 FTE) 1 Ongoing - - Emergency Manager (1 FTE) 1 Ongoing 38,627 143,061 Facilities Additional Contract Funding Ongoing - 25,000 Increase in Mission Plaza Maintenance Ongoing 27,000 27,000 Mobile Crisis Unit (MCU) (1 FTE) 1 Ongoing - - Parks Additional Contract Funding Ongoing - 40,000 Parks Maintenance Beautification Gardner (1 FTE) 1 Ongoing 48,600 97,200 Public Safety Customer Engagement Ongoing 17,000 12,000 Supplemental Overtime for Farmer's Market Support Ongoing 15,000 15,000 SECTION 7: PEG Fund 110,030 - Council Chambers - Auto Tracking Cameras One-time 110,030 - DocuSign Envelope ID: D4EA6045-1A45-4C94-8149-C45A545E7CE0 Resolution No. 11307 (2022 Series) Page 7 R 11307 Budget Amendment + FTE One-time/ Ongoing 2021-22 2022-23 SECTION 7: Public Safety Equipment Replacement Fund 68,656 - Confined Space Rescue Equipment One-time 38,656 - Recruit Academy Personal Protective Equipment One-time 30,000 - SECTION 7: Sewer Fund 396,000 95,000 Additional WRRF Safety Perimeter Fencing One-time 260,000 - Utilities Fleet Replacement One-time 20,000 - Mandatory Minimum Penalties from the State for THMs and Pathogen Violations One-time 21,000 - Administrative Error in Position Costing for 1 Water Distribution Operator Ongoing 95,000 95,000 SECTION 7: Water Fund (75,000) (95,000) Utilities Fleet Replacement One-time 20,000 - Administrative Error in Position Costing for 1 Water Distribution Operator Ongoing (95,000) (95,000) SECTION 7: San Luis Ranch Fund 28,000 - Madonna Rd. Bike Path Landscaping Design One-time 28,000 - SECTION 7: Affordable Housing Fund 30,000 - Affordable Housing Legal Fees One-time 30,000 - SECTION 7: Law Enforcement Grant Fund (JAG Grant) 10,000 - Mobile Command Trailer Bandwidth One-time 10,000 - SECTION 7: Transit Fund 35,000 - 40 Prado Rd. Bus Shelter Relocation One-time 35,000 - SECTION 7: Parking Fund 135,000 180,000 Gateless Parking Garages Equipment Install One-time 45,000 - New Security Services Agreement Ongoing 45,000 90,000 Supervising Parking Enforcement Officer Reclassification Ongoing 45,000 90,000 Grand Total 15 $10,711,342 $1,765,435 DocuSign Envelope ID: D4EA6045-1A45-4C94-8149-C45A545E7CE0